Maintenance and Modifications. The Company agrees that during the term of this Loan Agreement its Property, Plant and Equipment shall be operated and maintained in substantial compliance with all laws, building codes, ordinances and regulations and zoning laws as shall be applicable to the Property, Plant and Equipment. The Company agrees that during the term of this Loan Agreement it will at its own expense (a) keep the Property, Plant and Equipment in as reasonably safe condition as its operations permit; and (b) keep the Property, Plant and Equipment in good repair and in good operating condition, making from time to time all necessary repairs thereto (including external and structural repairs) and renewals and replacements thereof. The Company may also at its own expense, make from time to time any additions, modifications or improvements to the Property, Plant and Equipment it may deem desirable for its purposes that do not adversely affect the structural integrity of any building or substantially reduce its value or impair the character of its use permitted pursuant to the Act, provided that all such additions, modifications, renovations, repairs and improvements made by the Company shall become a part of the Property, Plant and Equipment; provided, however, that nothing in this subsection shall prevent the Company from ceasing to operate any immaterial portion of the Property, Plant and Equipment. The Company hereby covenants and agrees that it shall not construct any improvements or install any equipment on any portion of the Springdale Property, Lxxxxx Property, Junction Property or Wxxxx Property located within a federally designated flood hazard zone unless and until such property shall be insured against loss or damage by flood in accordance with Section 6.02(a) hereof.
Maintenance and Modifications. With respect to maintenance and modifications to the Interface, the DealerTrack System and the CMSI System, the parties shall perform their respective responsibilities as set forth in this Section 4.
(a) In the event that DealerTrack makes any generally released modifications to DealerTrack Software, and such modifications make changes to the CMSI System necessary or advisable, DealerTrack shall give CMSI at least thirty (30) days prior written notice of the modifications; provided, that, DealerTrack may give less notice if such modification is necessary to comply with applicable law. With respect to such changes to the CMSI System, in DealerTrack's discretion; (i) DealerTrack shall be responsible, at its expense, for making necessary or advisable changes to the DealerTrack System prior to releasing the modifications to such DealerTrack Software, and (ii) CMSI shall be responsible, at its expense, for making the necessary or advisable changes to the CMSI System. The parties shall establish a mutually agreeable schedule for making such changes properly and in a timely manner. The foregoing notwithstanding, DealerTrack shall not be responsible for any interruption in CMSI's or any Shared Financial Institution's use of the Service prior to CMSI's implementation of the appropriate changes to the CMSI System or caused by CMSI's failure to implement the appropriate changes to the CMSI System.
(b) If any Shared Financial Institution desires to subscribe to any Additional Product, the parties will consult with each other as reasonably necessary to amend the Interface Development Schedule (including, without limitation, by setting forth the parties' respective responsibilities and the schedule for completion of such responsibilities) with respect to the Interface development for such Additional Product. CMSI shall be responsible for costs associated with modification or further development of the CMSI Interface Components and the CMSI System and DealerTrack shall be responsible for costs associated with modification or further development of the DealerTrack Interface Components and the DealerTrack System. Both parties shall proceed with their respective responsibilities set forth in the amended Interface Development Schedule in a diligent manner and shall use commercially reasonable efforts to allocate such skilled Personnel and other resources to the project as shall be necessary to complete the Interface development so that the CMSI System is capable of interfaci...
Maintenance and Modifications. 21
7.1. Maintenance of the Aircraft; ADs 21 7.2. Maintenance of the Aircraft Documents 23 7.3. Authorized Maintenance Provider 23 7.4. Replacement of Parts 23 7.5. Title to Parts 23 7.6. Removal of Engines 23 7.7. Equipment Changes 24 7.8. Summary of Flight Hours, Cycles; Technical Information 25 7.9. Inspections 25 7.10. Aircraft Painting 26 8. Taxes. 26 8.1. Lessee Taxes 26 8.2. Lessor Taxes; Indemnity. 26
Maintenance and Modifications. A. Enterprise shall, at all times during the Lease Term, and at its own cost and expense, maintain and keep the Plant in good repair and operating condition, making from time to time any and all repairs thereto and renewals and replacements thereof sufficient for the operation of the Plant for the uses herein specified. Enterprise shall use all reasonable precautions to prevent waste, damage or injury to the Plant. This obligation of Enterprise with respect to repairs and maintenance is intended and understood to cover and include the entire Plant and each part and portion thereof (including all structures, fixtures, machinery, equipment and related property which at any time during the Lease Term shall be erected or installed thereon or therein), both inside and outside, structural or non-structural, extraordinary or ordinary, and whether the same be determined to be in the nature of real property, personal property or mixed. It is further intended and understood that said obligation covers and includes repairs, renewals and replacements howsoever the necessity or desirability therefor may occur, and whether or not necessitated by wear and tear.
B. The necessity for and adequacy of repairs to the Plant and each part and portion thereof (including all structures, fixtures, machinery, equipment and related property which at any time during the Lease Term shall be erected or installed thereon or therein) pursuant to this Agreement shall be measured by the standard which is appropriate for facilities of similar construction and class; provided that Enterprise shall in any event make all repairs necessary to avoid any structural damage or injury to the Plant.
C. Notwithstanding the provisions of paragraph 2.9A, in any instance where Enterprise in, its sound discretion determines that any items of machinery, equipment and related property installed in or brought by Enterprise on the Plant at any time during the Lease Term pursuant to this Agreement (such machinery, equipment and related property (i) consisting of each item more particularly, but not exclusively, described in the general list attached to this Agreement as Exhibit F and each item of machinery, equipment and related property installed in or brought by Enterprise on the Plant pursuant to this Agreement in substitution therefor and/or renewals or replacements thereof, and (ii) collectively and individually hereinafter called "Plant Equipment") have become inadequate, obsolete, worn out, unsuitable, ...
Maintenance and Modifications. Customer acknowledges and agrees that certain maintenance activities regarding the Services may be necessary or appropriate, from time to time, including bug fixes, software updates, feature updates, and the addition of new applications and new modules. The Services may be unavailable as the result of planned or unplanned downtime, for reasons including technical issues, legal compliance, security actions, business decisions, or any other cause. Polygon may attempt to inform Customer if such downtime is planned, Polygon is under no obligation to do so. Customer further acknowledges and agrees that the Services are still evolving. Polygon reserves the right to make changes to the Services from time to time, in its sole discretion, without liability to Polygon; provided, however, that, in the case that any such changes materially degrade the functionality of the Services, Customer may terminate the Agreement upon reasonable notice.
Maintenance and Modifications. 3.1. You must take proper care of the goods and keep them in good working order and in good repair (fair wear and tear excepted). You must ensure that the goods are serviced and maintained in accordance with the supplier’s specifications and our or any insurer’s reasonable requirements.
3.2. You must not modify, attach any property to the goods or replace any part of the goods without our consent except for the purposes of complying with 3.
1. All modifications, attachments and replacement parts will become part of the goods even if we have not given our consent. If the goods are returned to us under this agreement the modifications, attachments and replacement parts will remain part of the goods and become our property.
Maintenance and Modifications. □ General maintenance of homes is affordable by seniors on fixed incomes. □ Affordable or free general maintenance (e.g., yard work) is available for seniors. □ Housing is modified for seniors as needed and new housing is built with seniors in mind. □ Housing (including houses and apartments) meets the needs of those with disabilities. □ Housing modifications are affordable, with financial assistance provided in the form of grants and subsidies. □ Information on financial assistance programs for home modifications is readily available and easily accessible by seniors. □ Home insurance is affordable.
Maintenance and Modifications. TAXES AND UTILITY CHARGES; INSURANCE AND EMINENT DOMAIN................................................................
Maintenance and Modifications. If You have not paid the fees required for Software Support or to continue Software Support, SolarWinds is not obligated to provide You with Software Support. If You have made modifications or changes to the Platform or Software, except for any modification or change made by You as directed by SolarWinds, SolarWinds may, at its discretion, decline to provide Software Support for Software or the Supported Hardware or Platform.
Maintenance and Modifications. Licensor may from time to time interrupt or otherwise impact Software functionality for routine maintenance or upgrades, upon reasonable notice to Licensee. The Licensor shall make reasonable efforts to give Licensee a minimum of five (5) business days’ advance notification (via phone or email) of such maintenance or upgrade and shall use best efforts to ensure that such maintenance or upgrade shall not interrupt Software functionality to Licensee. In the event of a need for emergency maintenance, the Licensor will make reasonable efforts to notify Licensee and to provide as much notification as is deemed practicable by the Licensor in regards to any downtime or other information pertinent to the affected Software. Each party shall provide the other party (and revise as necessary) a list of contacts for maintenance and escalation purposes.
